USCIS Completes H-1B Cap Lottery for 2026 Filing Period
U.S. Citizenship and Immigration Services (USCIS) has finalized the 2027 H-1B cap lottery, issuing selection notices to employers. Starting April 1, 2026, employers will have at least 90 days to submit petitions under the H-1B cap.
Immediate Actions Required for Employers
Employers should promptly verify their selection through their USCIS online account and ensure that the selected beneficiary aligns with their internal records. While selection may grant eligibility to apply, approval is not guaranteed, emphasizing the importance of advance preparation.
New Compliance Requirements for Form I-129
USCIS has introduced an updated Form I-129 (Edition 02/27/26) that is now required for all applications. Submissions using outdated versions will face rejection. Furthermore, petitions must precisely match the registration information, including the recipient’s name, passport details, job title, responsibilities, location, and wage details.
Stricter Oversight and Additional Fees
Employers must include a copy of the passport used during registration and documentation that substantiates the proposed pay level. Even minor inconsistencies can lead to petition rejections or revocations. Enhanced scrutiny will also focus on professional qualifications, remuneration legitimacy, and employer-employee relations, potentially resulting in more Requests for Evidence (RFEs), site visits, and audits. Employers may also face an additional $100,000 fee based on current presidential proclamations, highlighting the need for careful fee evaluation.
Strategic Workforce Planning Considerations
Employers are advised to prioritize their filings and collaborate closely with legal counsel, especially for high-risk cases involving Level 1 wages or third-party placements. For those not selected in the lottery, alternative routes include cap-exempt H-1B options at universities, other visa categories such as L-1 or O-1, remote work arrangements, or future H-1B participation.
Risks Associated with International Travel for H-1B Applicants
Employers sponsoring F-1 students for H-1B visas must navigate a heightened enforcement atmosphere, where travel can jeopardize work authorization. If an employee departs the U.S. while a change of status is pending, their application could be abandoned, forcing a return to consular processing. Accordingly, employees should remain in the U.S. during this critical period to ensure protection under the cap gap.
Emerging Visa Deposit Pilot Program
The Department of State has expanded the Visa Deposit Pilot Program to include 12 new countries, effective April 2, 2026. Certain applicants for B-1/B-2 tourist visas may need to post a refundable deposit varying from $5,000 to $15,000 to mitigate potential overstay risks. Nations added to this program include Cambodia, Ethiopia, Georgia, Grenada, Lesotho, Mauritius, Mongolia, Mozambique, Papua New Guinea, Nicaragua, Seychelles, and Tunisia.
Warning on Fraudulent Digital Arrival Card Websites
Authorities have alerted travelers about fraudulent websites that impersonate Thailand’s official Digital Arrival Card (TDAC) platform, often charging fees for services provided free of charge by the Thai Immigration Department. TDAC is mandatory for certain travelers entering Thailand and must be submitted three days before arrival without cost via official government channels. Employers should ensure that employees use only authentic sites to fulfill immigration requirements to mitigate risks related to fraud and data privacy.
Proposed Changes to Prevailing Wage Calculations
The U.S. Department of Labor (DOL) is proposing a new methodology for calculating prevailing wages across various employment-based visa programs, including H-1B, H-1B1, E-3, and PERM. This proposal aims to align the wages of foreign workers with those of similarly employed Americans, targeting perceived disparities in wage levels. Employers should prepare for potential increases in labor costs and evaluate their compensation frameworks ahead of public commentary that follows the proposal’s publication in the Federal Register.
